Gabriel Carrera v. Bayer Corp

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that affidavits could not be used to ascertain a class where the named plaintiffs deposition testimony suggested that individuals would have difficulty accurately recalling details needed to identify themselves as members of the class
• stating that a defendant has a “due process right to challenge the proof used to demonstrate class membership”
• explaining that “[c]lass certification is proper only if the trial court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23 are met”
• noting that “[c]lass ascertainability is an essential prerequisite of a class action, at least with respect to actions under Rule 23(b)(3)” (internal quotations and citation omitted)
• acknowledging but not addressing the argument that “[the defendant’s] total liability” would not be “affected by unreliable affidavits”
• acknowledging but not addressing the argument that “[the defendant’s] total liability” would not be “affected by unreliable affidavits”

Source: CourtListener parenthetical corpus (CC0).